KESAVALU NAIDU Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has prayed for quashing the letter No.K1/9347/2002 dated 3.12.2002 and for directing the respondents 1 & 2 to allot plot No.179-E Road, at the junction of E-Road and F-Road of Koyambedu Market Complex.

(2.) The first respondent published advertisement in New Indian Express dated 5.9.2002 inviting applications for allotment of plots for various purposes including commercial plot for Weigh Bridge. The petitioner submitted his application on 16.9.2992. Subsequently on 22.1.2003, the petitioner came to understand that the respondent No.3 was allotted the plot for the purpose of installation of weigh bridge. Such allotment dated 3.12.2002 has been challenged on the ground that without following the procedure of allotment by drawal of lots, the plot has been allotted in favour of the respondent No.3. It has been specifically asserted that even before the last date for receipt of the applications, the respondent No.3 was selected as the person and such allotment, without following the procedure, is arbitrary and should be quashed.

(3.) A counter affidavit has been filed by the respondent No.1 indicating that for establishing the weigh bridge, only two applications have been received, one from the petitioner and other from the respondent No.3. The petitioner had specifically applied for allotment of commercial plot on A road, whereas the respondent No.3 had applied for allotment of 4000 sq.ft. on E road. Since the plots on A road were not of the size required by the petitioner and he had not applied for any other plot on E road, he cannot have any grievance regarding allotment in favour of the respondent No.3. It has been further stated that as per the advertisement, plots are to be allotted on first come first serve basis.